Process Server Used Wrong ZIP Code

January 1, 2003

LVT Number: 16327

Landlord sued to evict tenant. Tenant claimed that the court papers weren't properly delivered because the ZIP code on the mailings was incorrect. Tenant received the copy of the papers sent by certified mail, return receipt requested, but claimed that he didn't receive the papers sent by regular mail. The court ruled for tenant. New York City regulations require the use of a ZIP code on eviction petition mailings. Landlord didn't submit a statement from a postal service employee to support his claim that the mail was only briefly delayed by the ZIP code error.

Landlord sued to evict tenant. Tenant claimed that the court papers weren't properly delivered because the ZIP code on the mailings was incorrect. Tenant received the copy of the papers sent by certified mail, return receipt requested, but claimed that he didn't receive the papers sent by regular mail. The court ruled for tenant. New York City regulations require the use of a ZIP code on eviction petition mailings. Landlord didn't submit a statement from a postal service employee to support his claim that the mail was only briefly delayed by the ZIP code error. And the process server didn't submit a statement regarding whether the regular mail was returned to him.

Bauer v. Sanin: NYLJ, 12/13/02, p. 23, col. 5 (Civ. Ct. Kings; Marton, J)

Topics

More like this